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Max Planck yearbook of United Nations law. Vol. 8, 2004 / editors, Armin von Bogdandy, Rudiger Wolfrum ; managing editor, Christiane E. Philipp.
- Format:
- Book
- Series:
- Max Planck yearbook of United Nations law
- Language:
- English
- Subjects (All):
- United Nations.
- International law.
- International agencies.
- Physical Description:
- 1 online resource (479 p.)
- Edition:
- 1st ed.
- Other Title:
- Yearbook of United Nations law
- Place of Publication:
- Leiden : Martinus Nijhoff, 2005.
- Language Note:
- English
- Summary:
- Now in its seventh year, the "Max Planck Yearbook of United Nations Law" has become a much sought-after forum for essays in international law related to the UN. Volume seven is divided into two parts. The first part comprises topics like the wars against the Taliban and Iraq with an emphasis on the use of force and rules in armed conflict, as well as the question of so-called Rogue States and how to deal with them, or how to proceed with the Security Council Reform after a decade of failed attempts to reform it. The second part deals with the ICC and international criminal law. This volume is therefore again a must for any academic or practitioner involved in international law and questions concerning the United Nations.
- Contents:
- ""Contents""; ""List of Contributors""; ""Abbreviations""; ""Indigenous Peoples' Right to Land""; ""I. Introduction""; ""II. The International Covenant on Civil and Political Rights""; ""1. Article 1""; ""2. Article 27""; ""III. ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries""; ""1. Introduction""; ""2. Methodological Issues""; ""3. Right of Participation""; ""4. Land Rights""; ""IV. Sami Land Rights and the Proposed Finnmark Act""; ""1. Introduction""; ""2. Article 14""; ""3. Article 34""; ""4. Case Law""; ""5. Consent of the Sami Parliament""
- ""V. Conclusions""""Fact-Finding by UN Human Rights Complaints Bodies - Analysis and Suggested Reforms""; ""I. Introduction""; ""II. Forms of Human Rights Fact-Finding""; ""1. Investigative Fact-Finding""; ""2. Indirect Fact-Finding through the Examination of State Reports""; ""3. Complaints-Based Fact-Finding""; ""III. Fact-Finding under the Treaty-Based Complaints Procedure""; ""1. Pre-Admissibility Phase""; ""2. Admissibility Phase""; ""3. Merits""; ""IV. Fact-Finding by the Working Group on Arbitrary Detention as Complaints Body""
- ""V. Some Implications of Current Complaints-Based Fact-Finding""""1. Fundamental Contradiction between Greater Judicialisation and Written Fact-Finding""; ""2. Domestic Remedies: Between Usurpation and Deference""; ""3. Delays due to Written Procedures""; ""4. Defensive Strategies adopted by Complaints Bodies""; ""VI. Some Suggested Solutions""; ""1. Intra-Institutional Solutions""; ""2. Inter-Institutional Solutions""; ""VII. Conclusion""; ""Access to Medication as a Human Right""; ""I. Background""; ""1. International Human Rights""; ""2. Health and Human Rights""
- ""II. The Interpretation of Human Rights Conventions""""III. Justiciability""; ""1. Terminology""; ""2. Economic, Social and Cultural Rights as Justiciable Rights""; ""IV. Conventions""; ""1. ICESCR""; ""2. The WHO""; ""3. ICCPR""; ""4. Universal Declaration of Human Rights""; ""5. Other Agreements""; ""V. General International Law""; ""1. Customary International Law""; ""2. General Principles""; ""VI. Conclusion""; ""U.S. Bilateral Non-Surrender Agreements and Article 98 of the Statute of the International Criminal Court: An Exercise in the Law of Treaties""; ""I. Introduction""
- ""II. U.S. Objections to the International Criminal Court and Efforts to Prevent the Exercise of Jurisdiction by the Court over U.S. nationals""""1. U.S. Objections to the ICC""; ""2. Activities undertaken by the U.S. to exempt U.S. Nationals from the Jurisdiction of the Court""; ""III. The Consistency of Bilateral Non-Surrender Agreements with the ICC Statute""; ""1. Article 98 in the Context of the ICC Statute""; ""2. Article 98 (1): State or Diplomatic Immunity""; ""3. Article 98 (2): Requirement of Consent of a Sending State""; ""4. Preliminary Conclusions""
- ""IV. Consequences of the Inconsistency in the Light of General International Law""
- Notes:
- "Max-Planck-Institut fur auslandisches offentliches Recht und Volkerrecht."--t.p.
- Includes bibliographical references.
- ISBN:
- 1-280-91559-5
- 9786610915590
- 90-474-0705-9
- 1-4294-0837-5
- OCLC:
- 923612272
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